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State in Interest of H.N.

Decided: October 27, 1993.

STATE OF NEW JERSEY IN THE INTEREST OF H.N., A JUVENILE


On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County.

King, Havey and Arnold M. Stein. The opinion of the court was delivered by Arnold M. Stein, J.A.D.

Stein

[267 NJSuper Page 597] Plaintiff, the publisher of The Home News, a newspaper widely circulated in Middlesex County, appeals from the following amended order of the Chancery Division, Family Part:

[T]he electronic media or any form of publication, including, but not limited to, newspapers, television and radio are hereby enjoined from further dissemination and or use of any identifying facts, information including, but not limited to, use of name, address, date of birth, photos, and any other identifying data in accordance with rule 5:19-2 concerning H.N., a juvenile.

H.N., a sixteen-year-old juvenile, was charged with scalding her two-month-old nephew to death while bathing him, conduct which the State says would constitute aggravated manslaughter and endangering the welfare of a child if committed by an adult.

Following the incident, The Home News published a number of articles containing the juvenile's name, the names of her dead nephew and other family members, and the specific address of the family's apartment. The articles also provided further background information about the family, including the fact that the baby's mother was serving a thirty-day sentence for shoplifting and that the juvenile had received classes in parenting skills following the birth of her own one-month-old daughter. H.N.'s full name and other identifying factors, together with much of the other information obtained by The Home News, was disclosed at a press conference conducted by the Middlesex County Prosecutor's Office. Additional information was later obtained from the prosecutor's office as well as from other law enforcement officials.

The Family Part Judge entered the order containing the above non-disclosure provision following application by H.N.'s attorney, the Deputy Public Defender for Middlesex County.

The Judge relied primarily upon N.J.S.A. 2A:4A-60. Subsection a. of that statute provides:

Social, medical, psychological, legal and other records of the court and probation department, and records of law enforcement agencies, pertaining to juveniles charged as a delinquent . . . shall be strictly safeguarded from public inspection.

The statute thereafter sets forth a number of persons and agencies to whom these otherwise confidential records may be made available.

Subsection f. provides:

Whoever, except as provided by law, knowingly discloses, publishes, receives, or makes use of or knowingly permits the unauthorized ...


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